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Calculation of share in civil suit


09-Apr-2023 (In Civil Law)
We (me and my sister) are jointly substitute(after expunging of my father and mother) plaintiffs ....and already got expartee preliminary decree ( which is plaintiff is acuared jointly 1/4 th share according to plaint) in the year 2013 ....in the mean time I approached to high court in the 2016 for immediate appointment for commissioner according to preliminary decree..because the case is running for long time..--------high court passed the order in favor of me.....-----according to high court order......commissioner appointment is already done according to preliminary decree in the year 2017.I have submitted the requsite commissioner fees directed by the court....after all the proceedings one plaintiff(my sister) wants separate share and seperate possession ......instead of joint share Joint possesion...... Is it possibe now....????.but I want joint share and joint possession according to preliminary decree.....pls answer my quiries
Answers (2)

Answer #1
588 votes
MY OPINION THAT i have follow your matter, & i think that if any suit matter preliminary decree is passed in any particular issue /issues then that decree should be entertained all through,if any concerning party may violate that issue then you /other party may initiate other proceedings against that issue /issues.

Answer #2
579 votes
If the Preliminary decree has been passed in respect of join share, then it is quite impossible for passed a Decree in separate share. Provided that, if your sister enjoying separate possession, then the Court can pass Separate Share for her in Final Decree.

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